Torts

Front 1

Battery - Prima Facie Case

Back 1

1) Harmful or Offensive Contact
2) Intent
3) Causation

Front 2

Assault - Prima Facie Case

Back 2

1) Reasonable Apprehension in P of Immediate harmful or Offensive contact
2) Intent
3) Causation

Front 3

False Imprisonment - Prima Facie Case

Back 3

1) confines or restrains the P to a bounded area
2) Intent
3) Causation

Front 4

Intentional Infliction of Emotional Distress - Prima Facie Case

Back 4

1) extreme and outrageous conduct
2) Intent to cause P severe emotional distress
3) Causation
4) Damages

Front 5

Trespass to Land - Prima Facie Case

Back 5

1) Physical invasion of P real property
2) Intent to bring about a physical invasion of P real property
3)Causation

Front 6

Conversion - Prima Facie Case

Back 6

1) Interfering w/ P right of possession, serious enough to warrant payment in full of value of the chattel.
2) Intent
3) Causation

Front 7

Defenses to Intentional Torts
(CRLNJDD)

Back 7

Consent
Recovery
Legal Authority (Shop Privilege)
Necessity
Justification
Discipline
Defense (Self, Others, Property)

Front 8

Defamation - Prima Facie Case

Back 8

If the most stringent requirements
1) False
2) Unprivileged
3) Defamatory Publication
4) New York Times Malice
5) Actual Damages

Front 9

New York Times Malice

Back 9

1) Knew it was false or
2) Reckless with regard to truth or falsity

Front 10

Common Law Malice

Back 10

1) Either personal ill will toward the plaintiff
2) Or reckless or wanton disregard of the plaintiff’s rights

Front 11

Libel - Defined

Back 11

Libel is a defamatory statement recorded in writing or some other permanent form.

Front 12

Libel Per Se - Defined

Back 12

(Substantial Minority of courts distinguish between LPS and Libel per Quad) Presumed Damages if the statement is libelous and defamatory on its face.

Front 13

Libel Per Quod - Defined

Back 13

(Substantial Minority of courts distinguish between LPS and Libel per Quad) Special Damages Usually required. The libelous statement that is not defamatory on its face, but that requires - Qolloquium.

Front 14

Defenses to Defamation -
1) Consent
2) Truth
3) Absolute Privileges: (FIVE)

Back 14

1) Judicial Proceedings
2) Legislative Proceedings
3) Executive Proceedings
4) "Compelled" Broadcast or Publication
5) Communications Between Spouses

Front 15

Defenses to Defamation -
1) Consent
2) Truth
3) Qualified Privileges: (FIVE)

Back 15

1) Reports of Public Proceedings
2) Public Interest
3) Interest of Publisher
4) Interest of Recipient
5) Common Interest of Publisher and Recipient

Front 16

Misrepresentation - Prima Facie Case

Back 16

1) Misrepresentation made by D
2) Scienter
3) An intent to induce P's reliance on the misrepresentation.
4) Causation; 5) Justifiable Reliance
6) Damages

Front 17

Negligent Misrepresentation - Prima Facie Case

Back 17

1) Misrepresentation made by D in business or professional capacity.
2) Breach of Duty toward particular P
3) Causation
4) Justifiable Reliance
5) Damages

Front 18

Interference w/ Business Relations - Prima Facie Case

Back 18

1) Existence of a valid K relationship or a valid business expectancy.
2) D knowledge of the relationship or Expectancy.
3) Intentional interference inducing breach or Term of relationship. 4) Dam

Front 19

Negligence - Prima Facie Case

Back 19

1) Duty to conform to specific standard of conduct.
2) Breach
3) Actual and proximate Cause
4) Damages (PI or PD)

Front 20

Res Ipsa Loquitur ("the thing speaks for itself")

Plaintiff must show?

Back 20

1) The accident causing injury is the type that would not normally occur unless someone was negligent.
2) The instrumentality that caused the injury was in the sole control of the Defendant.

Front 21

Defenses to Negligence

Back 21

1) Contributory Negligence - Bars (Dead Law)
2) Comparative Fault
3) Assumption of Risk

Front 22

Strict Liability - Prima Facie Case

Back 22

1) Absolute Duty on D to make safe;
2) Breach of that duty
3) Breach was the actual and proximate cause of P injury.
4) Damages (PI or PD)

Front 23

Ultrahaxardous or Abnormally Dangerous Activities - Defined

Back 23

If it involves a substantial risk of serious harm to person or property no matter how much care is exercised.

Front 24

Products Liability - Theories

Back 24

1) Negligence
2) Strict Liability
3) Warranties - Express and Implied

Front 25

What is a "Defective Product"?

Back 25

"Defective condition unreasonably dangerous" to users. Most courts will permit the P to prevail if either the product was dangerous beyond the expectation of the ordinary customer or their was a less dangerous alternative.

Front 26

Implied Warranty of Fitness for Particular Purpose - Defined

Back 26

Arises when the seller knows or has reason to know:
1) The particular purpose for which the goods are required; and
2) The buyer is relying on the seller's skill or judgmnt to provide suitable gds

Front 27

Respondeat Superior - Defined

Back 27

A master/employer will be vicariously liable for tortious acts committed by her servant/employee if the tortious acts occur w/in the scope of the employment relationship.

Front 28

COMMERCIAL APPROPRIATION - Prima Facie Case

Back 28

One Element
1) Unauthorized use by D of P picture or name for defendant's commercial advantage.

Front 29

INTRUSION - Prima Facie Case

Back 29

1) Act of prying or intruding upon affairs or seclusion of the P by the D.
2) Objectionable to a reasonable person
3) Thing intruded upon was "private."

Front 30

PUBLIC DISCLOSURE OF PRIVATE FACTS - Prima Facie Case

Back 30

1) Publication or public disclosure by D of private information about the P.
2) reasonable person would object

Front 31

Injurious Falsehood - Prima Facie Case

Back 31

1) D made a false statement disparaging P’s goods, business.
2) P must show that the statement was "published,"
3) NY Times Malice
4) P must prove "special damages,"

Front 32

Malicious Prosecution - Prima Facie Case

Back 32

1.Favorable Termination
2.Lack of probable cause
3.Malice
4.Damage (if civil mal. Pros (generally)

Front 33

Abuse of Process - Prima Facie Case

Back 33

1. Ulterior purpose
2. Improper use of process

Front 34

Public Nuisance - Defined

Back 34

Public Nuisance is an act that unreasonably interferes w/ the health, safety, or property rights of the community. (e.g., blocking a highway or using a building to commit criminal activities such as prostitution)

Front 35

Trespass to Chattels - Prima Facie Case

Back 35

1) interferes w/ plaintiff's right of possession
2) Intent to perform the act
3) Causation
4) Damages

Front 36

Three requirements to find an activity - Ultrahaxardous or Abnormally Dangerous

Back 36

1) The activity must involve a risk of serious harm to persons or property.
2) Activity must be one that cannot be performed w/out risk of serous harm.
3) It's not a commonly engaged-in activity by persons in the community.

Front 37

False Light - Prima Facie Case

Back 37

1) Publication of Facts about P by D putting P in a false light in the public eye.
2) objectionable to a reasonable person
3) N.Y. Times Malice by the D where the published matter is in the public interest.

Front 38

Implied Warranty of Merchantability - Defined

Back 38

The goods are of a quality equal to that generally acceptable among those who deal in similar goods and are generally fit for the ordinary purposes for which such goods are used.

Front 39

Colloquium

Back 39

P is req. to introduce add'l extrinsic facts that would lead a reasonable reader, listener, or viewer to put the Defamatory Stmt on the P. Qolloquium = Pleading and proving such extrinsic facts to show P was in fact intended.

Front 40

Misrepresentation - Prima Facie Case

Back 40

1. Intentional/ negligent
2. Misrep of material Fact(opinion)
3. Made w/ intent to induce reliance
4. To his detriment
5. Proximate damages
6. Justifiable

Front 41

Private Nuisance

Back 41

Private nuisance is a substantial, unreasonable interference w/ another private individual's use or enjoyment of property he actually possesses or to which he has a right of immediate possession.

Front 42

The factors that the court will consider under the "feasible alternative" approach are: (EIGHT)
1) Usefulness/Desirability of the product 2) Availability of safer altern 3) Dangers identified by time of trial

Back 42

4)Likelihood of serious injury 5) Obviousness of the danger 6) Normal Public expect of danger 7) Avoidability of injury by care in use of product 8) Feasibility of eliminating the danger w/out impairing prod use or extreme cost

Front 43

Slander Per Se - Four Categories

Back 43

1) Business or Profession
2) Loathsome Disease
3) Crime Involving Moral Turpitude
4) Unchastity of Women

Front 44

Wrongful Institution of Legal Proceedings - Prima Facie Case

Back 44

1) Institution of criminal proceedings
2) Termination favorable to plaintiff
3) Absence of probable cause
4) Improper purpose of Defendant
5) Damages

Front 45

Vicarious Liability

Back 45

Vicarious liability is liability that is derivatively imposed. this liability rests upon a special relationship between the tortfeasor and the person to whom his tortious conduct is ultimately imputed.